ANIRUDH K. DESAI,MUMBAI vs. DCIT 19(2), MUMBAI
In the result, all the three appeals filed by the assessee are hereby allowed
ITA 8005/MUM/2011[2008-09]Status: DisposedITAT Mumbai30 Oct 2015AY 2008-09
Bench: Shri G.S. Pannu & Shri Sanjay Garg
For Appellant: Shri Bhupendra Shah, A.RFor Respondent: Shri Rajneesh K. Arvind, CIT (D.R.)
…007 which refers to various parameters and discussed the assessee conduct of not borrowing any funds for the business purposes which is one of the criterion of the Circular which was relied upon by the CIT (A) in the case of JCIT vs. Dinesh Kumar Gupta [2005] 2 SOT 126 (Del). It is a settled issue that the matters of this kind are mixed question of law and fact and the issue has to be decided based on the facts of each case. None of the lower authorities has gone into the relevant facts relating to the impugned issue involving many years and therefore we cannot give finding on the applicability of the rule of con…